{"operation":"document","citation":"04-0119","title":"Monsanto Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-03-30","effective_on":null,"summary":"04-0119 response to Monsanto Company concerning 173.188.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0119.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0119.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0119","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040119.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nMAR 3 0 2006\nVr. William J. Briner\nRef. No. 04-0119\nRegulatory Affairs Manager\nMonsanto Company\n800 North Lindbergh Blvd\nSt.\nLouis, Missouri 63167\nDear Mr. Briner:\nThis responds to your letter requesting clarification of the\npackaging requirements for Phosphorus, white or yellow\n(UN1381) under the Hazardous Materials Regulations (HMR; 49\nCPR Parts 171-180).\nSpecifically, you ask whether your\npackaging system for this material conforms to the\nrequirements specified in § 173.188 for yellow phosphorus\npackaged under water and as specified in the exceptions for\nDivision 4.2 materials under § 173.13. I apologize for the\ndelay in responding and any inconvenience it may have caused.\nYou describe your system as follows:\nThe phosphorus\nis placed under water in a glass jar and\nfurther placed in a hermetically sealed (soldered) metal\ncar and then placed in another\nhermetically (soldered)\nmetal can and, finally, placed in a 5 gallon UN\nspecification 1A2 open-head steel drum conforming to the\nPacking Group I performance level for solids.\nThe net\nquantity of phosphorus per jar will not exceed 2.85 kg\nplaced in the outer drum. Vermiculite will be used as\n(6.25 Ibs) and only one inner packaging system will be\ncushioning in the entire packaging system.\nQ1.\nPhosphorus is solid under ambient temperatures. Most\npackaging systems used to package phosphorus stabilize it\nunder water.\nUnder this scenario, it is unclear whether\nto package it as a liquid as prescribed in § 173.13 (c) (1) or\nas a solid as prescribed in § 173.13 (c)(2). Is it permissible\nto package it as a solid in a single packaging tested at the\nPacking Group I performance level for solids as we propose or\nwould it require a DOT special permit?\n173.188\n040119\n\n<<<PAGE 2>>>\n\nThe HMR require a packaging used to contain liquids or a\nhazardous material that may become liquid during\ntransportation to be tested for liquids. However, because the\nnultiple inner packagings you propose using in your packaging\nsystem are hermetically sealed and an absorbent material is\nused as cushioning, it is our opinion that, if authorized\nunder the terms of a DOT special permit, the outer UN 1A2\nopen-head steel drum need only be tested for solids at the\nPacking Group I performance level under § 173.13 (c) (2).\nAlthough it appears that your packaging system offers a\ngreater level of performance than what is specified in\n$ 173.13 (c) (2), your packaging system is not specifically\nauthorized and, therefore, would require a DOT special permit\nprior to offering it for transportation.\n02.\nOre packaging system prescribed in § 173.188 for\nphosphorus under water allows for a UN 1A2 open-head steel\ndrum, as a single packaging, provided the capacity does not\nexceed 115 liters (30 gallons). UN 1A2 specification drums\nare not available that have been tested at the Packing Group I\nperformance level for liquids. Is it permissible to package\nit as a solid in a single packaging tested at the Packing\nGroup I performance level for solids as we propose in Q1 or\nwould it require a DOT special permit?\nA2. Ycur packaging system appears to meet the intent of the\npackaging prescribed in § 173.188(a) (2) and, therefore, would\nrot require a DOT special permit.\nThere is nothing in\n§ 173.138 (a) (2) that would prohibit the use of a single\npackaging tested at the Packing Group I performance level for\nsolids containing the specific inner packaging system you\npropose.\nI trust this satisfies your inquiry. In the future, we intend\nto propose to the United Nations Committee of Experts on the\nTransport of Dangerous Goods additional shipping descriptions\nfor sol:d hazardous materials packaged in suspension. Please\ncontact us if we can be of further assistance.\nSincere y:\nHattie b. Mitchell\nChief,\nRegulatory Review and Reinvention\nOffice of Hazardous Materials\nStandards\n2\n\n<<<PAGE 3>>>\n\nStevens\n5/15 /0\nMONSANTO\n§173.188\nMONSANTO COMPANY\nPackaging\n800 NORTH LINDBERGH BUVO\nMay 7, 2004\nhttp://www.monsantc.com\nST. LoUIs. MISSOURI 63167\n(.\n04-0119\nU.S. Department of Transportation\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nI am writing to inquire if phosphorus, yellow, under water in an inner glass jar placed in\n(soldered) metal can, and then placed in a 5 gallon UN Specification 1A2 steel drum\na hermetically sealed (soldered) metal can, enclosed in another hermetically sealed\nconforming to the Packing Group | performance level for solids (i.e. a jar in a can/the\ncan in a second can/the second can in a 1A2 steel drum) is an authorized packaging\nunder the Hazardous Materials Regulations. The net quantity of phosphorus per inner\npackaging will not exceed 2.85 kg (6.25 pounds) and only one inner packaging system\n(jar in a can/the can in a second can) will be permitted per outer packaging. Vermiculite\nwill be used to cushion the jar in the first can and to cushion the can within the drum.\n173.13(c)(1) would apply, since the phosphorous is under water.\nlevel for solids is authorized under 173.188(a)(2) since 1A2 steel drums conforming to\nIt is unclear whether a 1A2 steel drum conforming to the Packing Group I performance\nthe Packing Group I performance level for liquids do not exist.\nWe believe that a jar within a can/the can in a second can/the second can in a 1A2\nsteel drum is a very safe packaging system. Please indicate if this is authorized under\neither 173.13 or 173.188, or if an exemption would bt required for its use.\nIf you have any questions concerning this request, please call me at (314) 694-2999.\nThank you.\nSincerely,\nWilliam Of. Briner\nWilliam J. Briner\nRegulatory Affairs Manager\n\n<<<PAGE 4>>>\n\nI look forward to your response. Thank you for your help.\nSincerely,\nJohn t. Rutherfordl\nJohn H. Rutherford","truncated":false,"body_characters":5932}